Self-service storage facility means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such facility for the purpose of storing and removing personal property. A self-service storage facility is not a public warehouse. States may regulate such facilities, such as prohibiting an occupant from using a self-service storage facility for residential purposes. State laws may apply which determine who bears the risk of loss when stored property is damaged or destroyed and procedures for placing a lien on stored property and public sales of stored property when the occupant is in default of payment. If an owner issues any warehouse receipt, bill of lading or other document of title for the personal property stored, the owner and the occupant may be subject to the provisions of Article 7 of the Uniform Commercial Code. “Default” definedAs used in this chapter, “default” means the failure of a renter to perform, in a timely fashion, any duty imposed by section 10 of this chapter or by a rental agreement. “Emergency” definedAs used in this chapter, “emergency” means any sudden, unexpected occurrence or circumstance at or near a self-service storage facility that requires immediate action to avoid injury to persons or property at or near the self-service storage facility. “Last known address” definedAs used in this chapter, “last known address” means the address provided to the owner by the renter: “Rented space” definedRented space means the individual storage space at a self-service storage facility that is rented to a renter under a rental agreement. “Renter” definedAs used in this chapter, “renter” means: Personal property definedPersonal property means movable property not affixed to land. The term includes goods, wares, merchandise, and household items. “Self-service storage facility” definedSelf-service storage facility means any real property designed and used for the renting of space under a rental agreement that provides a renter access to rented space for the storage and retrieval of personal property. Entry Of Owner Into Rented SpaceA renter, upon a reasonable request from the owner, shall allow the owner to enter a rented space for the purpose of: If an emergency occurs, an owner may enter a rented space for any purpose set forth in this section without notice to or consent from the renter. Lien of owner of facility upon personal property; priority; attachment; statement• The owner of a self-service storage facility has a lien upon all personal property present in the self-service storage facility for: Enforcement Of Owner’s Lien; Notice• After a renter has been in default continuously for thirty (30) days, an owner may begin enforcement of the owner’s lien under this chapter. Redemption Of Personal PropertyBefore any sale or other disposition of the personal property under this chapter, the renter may redeem the personal property by paying the owner an amount sufficient to satisfy the owner’s lien. Upon the payment of this amount, the owner shall immediately return the personal property to the renter. After returning the personal property under this section, the owner has no liability to any person with respect to the personal property. Place of sale; owner as buyer; proceeds of sale• Any sale of the personal property under this chapter shall be held at the self-service storage facility or, if that facility is not a suitable place for a sale, at the suitable place nearest to where the property is held or stored. Rental Agreements; Rights Of Owner Additional To Creditor’s RightsThis chapter does not impair the power of the parties to a rental agreement to create rights, duties, or obligations that do not arise from this chapter. The rights provided to an owner by this chapter are in addition to all other rights provided by law to a creditor against a debtor. Things to Know When a Tenant Defaults Under a LeaseTenant problems and defaults are inevitable challenges for successful commercial and industrial landlords and property managers. A bad tenant situation can be a potentially expensive problem and the ultimate outcome eviction is a potential minefield for the unwary landlord. Knowing what to do and what not to do is essential to effective and profitable property management. 1. Make Sure That The Tenant Is In Default. 2. Undertake Self-Help Only If It Is Clear That Acting Unilaterally Is Appropriate. 3. “Abandoned” Personal Property Carries Its Own Risk. 4. Understand The Applicable Laws Governing Formal, Court-Administered Eviction. 5. Consider Prejudgment Possession Of Premises In Eviction Proceedings. 6. Be Open To Informal Resolution At Every Stage In The Landlord-Tenant Dispute. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. 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